Ordinance 2536-01 - Laserfiche WebLink

1. The lot(s) were created by the tax segregation process defined in Chapter 84.56 RCW prior to November 2, 1975, and the lots meet all zoning regulations in effect at the time they were created; and 2. The lot(s) meet all lot requirements in effect at the time of segregation including area, width, depth, and frontage of the Everett Zoning Code. In the event the subject property has been annexed into the city, the property must meet county zoning regulations at the time of annexation. 3. As a exception to subsection A.1 of this section, the city may certify a tax lot if requested by a third party innocent purchaser if such lot complies with Zoning Code requirements and the development standards of this title. B. Variance for Tax Lots. If a tax segregated lot was created prior to November 2, 1975, and does not meet the zoning requirements set forth in subsection A of this section, an application for a variance as set forth in the variance requirements or tax segregated lots provisions of this chapter may be made to the city. When considering the variance, the city or hearing examiner may consider as an "exceptional circumstance or condition" for purposes of the variance requirements or tax segregated lots provisions of this chapter , when appropriate for the subject property, whether building permit(s) were issued by the city or county and whether the information provided by the applicant when applying for said building permit(s) was complete and accurate. In granting a variance, the city or the hearing examiner may impose, as a condition of approval, any conditions which the city or hearing examiner determines to be necessary for the health, safety and welfare of the general public. SECTION 28: That Section 8(C) of Ordinance No. 2328-98 (EMC 18.32.030) which reads as follows: EMC 18.32.030 Amendments to divisions of land. A. Review Process for Minor Amendments to Preliminary and Final Approval. A minor amendment to a preliminary approval for a division of land shall be reviewed by the director and city engineer using Review Process I as defined in Title 15 of this code, as amended. For the purposes of this title, a minor amendment shall meet the following criteria: 1. The proposal represents a minor adjustment of lot lines or lot frontage that does not increase or decrease said lot lines and/or frontage in excess of ten percent; 2. The proposal does not result in substantial changes in the design or location of access, parking, circulation, drainage or public utility improvements; 3. The proposal does not result in additional lots or potential number of dwelling units; 4. The proposal would not modify or be in conflict with any of the conditions of preliminary approval; 5. The city must determine that the proposal would not have an adverse impact on other lots within the project or on adjacent properties; and 6. The proposal is consistent with all provisions of the Everett Municipal Code. In addition to the criteria above, a minor amendment must not, in the opinion of the director, adversely affect the remainder of the project or adjacent properties, and must comply with the provisions of this title and Titles 19 and 20 of this code and all other city 52